a level politics edexcel: the constitution

constitution

a set of rules that establishes a country's government and political system

function of the constitution

-it is establishes the distribution of power within the state.

-in so doing it also establishes the relationships. between the institutions that make up the state

-it establishes the limits of government power

-it asserts the rights of the citizens and how these may be protect

-it describes how the constitution itself can be amended- what the procedure is for such a process.

the reason for its slow, gradual development are twofold

1) organic constitution

2)there hasn't been an historical event which has overturned the existing order and therefore heralded in a new political order

Codified constitution/ uncodified constitution

-a constitution which is set out in a single document and has single source

-a constitution which is not contained in a single document and has a number of different source.

entrenched constitution/ unentrenched constitution

-special arrangements to safeguard it from being amended by a temporary government or legislature (USA constitution)

-can be amended by an individual government or parliament. (UK constitution)

Sovereignty

-a legal sovereignty refer t o the location of ultimate power.

-legal sovereignty also means the location of the source of all political power

-there is no higher political authority than where legal sovereignty

-political sovereignty refers to the location of real power

-external sovereignty refers to the recognition of the right of the regime to govern a country, as granted by other countries

-parliamentary sovereignty.

Unitary constitution

a constitution which establishes that legal sovereignty resides in one location

federal constitution

a constitution where legal sovereignty is divided between the central government and regional government.

separation of powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

what are the sources of the uk constitution

> Parliamentary statutes

> Conventions

> Authoritative documents and books

> Common law

> Treaties

> Traditions

parliamentary statutes

laws passed by parliament

eg. human rights act 1998

constitutional reform act 2005

constitution conventions

unwritten rules which are considered to be binding on all member of the political community

eg.- salisbury convention

-collect cabinet responsibility

foreign treaties and agreements

agreements with external bodies that bind the UK i some way

eg.- maastricht Treaty with EU

-European convention on human rights with the council of Europe

Authoritative works

Works written by experts describing how a political system is run, they are not legally binding but are taken as significant guides.

eg. A. V Dicey's law of the constitution

-walter Baghot's the english constitution.

common law and tradition

rules that have been passed down through various judgement in court cases

eg.-the rule of parliamentary procedure and discipline

- various rights such as freedom to expression.

constitution reform, 1997-2010

>devolution 1997-98

>human rights act 1998

>house of lords act 1999

>greater london authority act 1999

>Freedom of information Act 2000

>Constitutional reform Act 2005

>Backbench Business committee 2010

>the increased use off referendums

constitutional reform 2010-15

>fixed-term parliaments act 2011

>wales Act 2014

>Recall of MPS Act 2015

constitutional reform since

>order allowing wales to take control over income tax revenue 2015

>Scotland act 2016

>wales Act 2017

European Union (withdrawal) act 2017

>EVEL 2017